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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 65 - Driving or Boating While Intoxicated
Subchapter 4 - Administrative Driver's License Suspension
§ 5-65-403. Notice and receipt from arresting officer
Universal Citation: AR Code § 5-65-403 (2017)
- (a) At the time of arrest for violating § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2), the arresting law enforcement officer shall provide written notice to the arrested person:
- (1) That the registration of a motor vehicle owned by the arrested person is suspended effective in thirty (30) days if the arrested person's driving privileges have been suspended, disqualified, or revoked for violating § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2) in the previous five (5) years;
- (2) Of the right to a hearing within twenty (20) days; and
- (3) That the hearing request is required to be made within seven (7) calendar days of the notice being given if the arrested person wants to request a hearing.
- (b) The receipt shall also contain phone numbers and the address of the Office of Driver Services and inform the arrested person of the procedure for requesting a hearing.
- (c) If the Office of Driver Services is unable to conduct a hearing within the twenty-day period, a temporary permit shall be issued and is valid until the date of the hearing.
- (d) (1) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be:
- (A) Attached to the sworn report of the arresting law enforcement officer; and
- (B) Submitted by mail or in person to the Director of the Department of Finance and Administration or his or her designated representative within seven (7) days of the issuance of the receipt.
- (2) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend the registration of a motor vehicle owned by the arrested person.
- (e) A notice from the Office of Driver Services required under this section that is not personally delivered shall be sent as provided by § 5-65-402.
- (f)
- (1) If the arrested person is a nonresident, the arrested person's motor vehicle registration in Arkansas shall be suspended in the same manner as that of a resident.
- (2) The Office of Driver Services shall notify the out-of-state entity that issued the nonresident's motor vehicle registration of the action taken by the Office of Driver Services.
- (g) The hearing shall be held by the Office of Driver Services at the conclusion of any hearing under § 5-65-402 and the scope of the hearing is limited to:
- (1) Determining if the arrested person's driving privileges had been suspended, revoked, or disqualified for violation of § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2) in the five (5) years prior to the current offense; and
- (2) Determining if any motor vehicle is licensed or registered in the arrested person's name as either owner or co-owner of the motor vehicle.
- (h) (1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county where the offense took place.
- (B) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent.
- (2) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
- (3) The circuit court shall hear the case de novo on review in order to determine whether, based on a preponderance of the evidence, a ground exists for suspension of the person's motor vehicle registration.
- (B) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent.
- (i) The suspension ordered shall be equal to the suspension of driving privileges ordered under § 5-65-402 or one (1) year, whichever is longer, but shall not exceed five (5) years.
- (j) (1) (A) Upon determination that a person is completely dependent on the motor vehicle for the necessities of life, the director may grant a restricted registration to a family member or co-owner of any immobilized motor vehicle.
- (B) A restricted registration is not valid for use by the person whose driving privileges have been suspended or revoked.
- (2) Operation of a motor vehicle in a manner inconsistent with the restricted registration or license plate has the same effect as operating an unlicensed motor vehicle.
- (B) A restricted registration is not valid for use by the person whose driving privileges have been suspended or revoked.
- (k) If the director orders immobilization of a motor vehicle, notice of immobilization shall be sent by first-class mail to any persons, other than the arrested person, listed as an owner or co-owner of the immobilized motor vehicle in the records of the Office of Motor Vehicle.
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